MARTINSBURG –- The Navy Arms Company of West Virginia and Forgett Militaria are facing a lawsuit after they allegedly failed to pay a Maryland company more than $400,000 for goods and services.
A. Uberti S.p.A. sold Navy Arms goods worth $600,000 from early 2003 through June 2003, according to the complaint filed Dec. 23 in Berkeley Circuit Court.
When Navy Arms was unable to pay Uberti back for the goods, Forgett Militaria and its managing member, Val Forgett, stepped in and entered into a sales agreement with Uberti on Feb. 1, 2005, the suit states.
Under the agreement, Forgett Militaria would be allowed to buy goods from Uberti as long as it agreed to pay the Navy Arms debt, Uberti alleges.
"Further, under the terms of that agreement, Val Forgett agreed to personally guarantee any sums which might become due and owing to Uberti by Forgett Militaria as a consequence of the purchase by Forgett Militaria of merchandise from Uberti, all as more clearly shown on a written personal guaranty dated February 1, 2005, attached hereto as Exhibit C," the suit states.
For a while, Forgett Militia followed the terms of the agreement and lowered the Navy Arms debt to $147,205.62, according to the complaint.
In return, Uberti delivered goods worth $689,412 to Forgett Militaria from March 1, 2005, through July 31, it claims.
However, Forgett Militaria still owes $305,588.38 for the goods, plus the $147,205.62 in Navy Arms debt, according to the complaint.
And although demand has been made for the money, it has not been paid, according to the complaint.
In addition to the money Forget Militaria and the Navy Arms owe, Uberti is seeking from Forget Militaria costs, attorney fees and other relief the court deems just.
It is represented by William Richard McCune Jr. and Alex A. Tsiatsos of Martinsburg.
Berkeley Circuit Court case number: 08-C-1429.